- - AGRICULTURAL CORE CURRICULUM - - (CLF1000) Core Area: AGRICULTURAL BUSINESS MANAGEMENT (CLF1800) Unit Title: SAFETY IN AGRIBUSINESS OPERATIONS ____________________________________________________________________________ (CLF1803) Topic: MANAGEMENT'S RESPONSIBILITY Time Year(s) IN FARM SAFETY 1 3 / 4 ____________________________________________________________________________ Topic Objectives: Upon completion of this lesson, the student will be able to: Learning Outcome #: (B-2) - Describe management's responsibility in farm safety. (B-3) - Identify sources of safety information. Special Materials and Equipment: References: Baker, L., Field, W., Schnieder, R., Young, C., Parsons, R., & Murphy, D. (1986). FARM ACCIDENT RESCUE. Available from: Northeast Regional Agricultural Engineering Service, Cooperative Extension, 152 Riley-Robb Hall, Ithaca, NY 14853, (607) 255-7654. (FIRST ON THE SCENE also available; materials also available from state Cooperative Extension System.) Rosenberg, H. R., & Egan, D. L. (1990). LABOR MANAGEMENT LAWS IN CALIFORNIA AGRICULTURE [Chapter 3, Health and Safety, Chapter 4, Payroll Obligations and Fringe Benefits]. Available from: Publications, Div. of Agriculture and Natural Resources, University of California, 6701 San Pablo Ave., Oakland, CA 94608-1239. Telephone: (510) 642-2431. University of California. (1990). Health Concerns of Living and Working in Agricultural California: Report of a Conference Held at the University of California, Davis, June 6 and 7, 1990. Available from: Center for Occupational and Environmental Health, 322 Warren Hall, University of California, Berkeley, CA 94720. Evaluation: TOPIC PRESENTATION: MANAGEMENT'S RESPONSIBILITY IN FARM SAFETY A. Employers are required by law to provide a workplace that is safe and healthful. 1. Safety at workplaces is regulated by the federal Occupational Safety and Health Act (OSHA); California worksites are regulated by the California Occupational Safety and Health Act (Cal-OSHA). a. Both laws commit an administrative agency to establish and enforce specific safety standards. 1) OSHA is administered by the Occupational Safety and Health Administration, U. S. Department of Labor. 2) Cal-OSHA is administered by the Division of Occupational Safety and health (DOSH), Department of Industrial Relations; the California Dept. of Food and Agriculture (CDFA) has primary responsibility for regulating pesticide use to ensure worker safety. 2. In California, employers are obligated to provide safety devices and safeguards at their own expense. a. Since 1989, California employers have had a legal obligation to prevent injury. Every employer is required to establish and maintain an accident and illness prevention program. 1) The program must be in writing and include: - notice of the person responsible for implementing the program - the system for identifying and evaluating workplace hazards - methods for promptly correcting unsafe or unhealthy conditions and practices - general training in safe work practices and specific instructions on hazards of specific job assignments - the system for communicating with employees regarding health and safety matters, including provisions to encourage employees to notify the employer of hazards without fear of reprisal - the system for ensuring that employees follow safe and healthy work practices b. Cal-OSHA Consultation Service provides, upon request, services of safety consultants who survey worksites and identify needed corrections. 1) Consultants are not enforcement agents and do not issue citations. However, the Consultation Service may inform DOSH (the enforcement agency) if an employer does not correct an unsafe situation within a reasonable time (usually 30 days) c. Enforcement of Cal-OSHA safety standards is done by the Division of Occupational Safety and Health (DOSH) in the Dept. of Industrial Relations. 1) DOSH receives complaints of hazardous working conditions in person, in writing, or by phone. 2) When a complaint is received, DOSH sends an investigator to inspect the site. 3) If the inspector finds an extremely dangerous work situation, he can order all work at the site stopped until the hazard is eliminated. (An agribusiness manager who neglected to correct an unsafe work situation until such an action occurred could be responsible for extremely heavy financial losses if the work stoppage was ordered during a crucial time.) 4) If the inspector finds a safety hazard, he can issue a "special order" requiring the employer to remedy the hazard. 5) The employer is required to inform workers of unsafe conditions by posting any Cal-OSHA citation received for at least 3 days or until the hazard is corrected. d. Employers who deliberately allow safety violations that cause the death or permanent or prolonged impairment of a worker are subject to criminal liability and fines. Employers are also criminally liable for repeated safety violations that pose a real hazard to employees even though no employee is hurt. (A responsible agribusiness manager thus has a strong financial incentive to correct any known safety hazards at his place of employment.) e. The general requirement that employers "provide a safe workplace for employees and require employees to follow safe work practices" is very specific regarding pesticide use. 1) At a minimum, employers are required to follow instructions and warnings on pesticide labels and to follow current pesticide regulations. 2) The California Dept. of Food and Agriculture (CDFA) regulates worker exposure to pesticides. - One set of regulations applies to employees who work directly with pesticides (those who mix, handle, or apply; includes mechanics working on equipment used to spray pesticides) - Another set of regulations applies to those who may come into contact with pesticides during their field work. 3) Pesticide safety regulations are enforced primarily by CDFA and county agricultural commissioners; the local health officer can also investigate violations. 4) Compliance with the regulations satisfies Cal-OSHA requirements for pesticide safety; an accident that results in death or illness of more than five workers can be investigated by DOSH. 3. Employers' Obligation to Provide Workers' Compensation Insurance a. Unlike other kinds of insurance and fringe benefits, workers' compensation insurance is required by law; all employers must insure almost all employees. Exceptions are: 1) Workers who are employed by a parent, spouse, or child 2) Volunteer workers who are not compensated in any way 3) Independent contractors (workers who are self-employed and contract to do specific short-term jobs using their own tools and equipment; their work is not supervised by the person contracting for their services) b. California law requires all employers to carry accident insurance covering injury, temporary disability, permanent disability, or death occurring in the course of work. 1) Employers are also liable for injuries that occur in company housing and at company social events. 2) Employers are NOT liable for injuries to workers - who are intoxicated, - who are aggressors in a fight - who hurt themselves deliberately 3) Recklessness (extremely careless but unintentional behavior) by an injured employee can result in the usual benefits being cut by 50%. 4) Employers have specific duties following any accident that requires more than first aid. - For any accident involving pesticide, first aid is NOT considered sufficient treatment. California pesticide regulations require the employer to take an employee to a physician immediately if pesticide poisoning is suspected. - The employer or the insurer is obliged to provide prompt medical treatment to the employee. Failure to provide timely medical treatment may aggravate the injury and increase medical costs; it may also increase employer liability (a 10% penalty against the employer or its insurer and they may lose the right to choose the physician). - Within 1 day, the employer must provide a claim form and notify the worker that he or she may be entitled to workers' compensation benefits. - Within 5 days of any accident, the employer must submit an "Employer's Report of Injury" along with the employee's claim form to the workers' compensation insurance carrier. c. An employer who has workers' compensation insurance generally cannot be sued by an injured worker for damages; the worker is limited to the benefits available under the workers' compensation system. 1) An important exception to this limitation was created by the U.S. Supreme Court in 1990 in a case called Adams Fruit Company v. Barrett. Agricultural workers sued their employer for damages they suffered as a result of the employer's violation of the 1982 Migrant and Seasonal Worker Protection Act (which covers transportation of almost all migrant or seasonal workers). 2) Employers who do NOT have workers' compensation insurance can be sued by the injured employee and the amount of the award is established by the court instead of being limited by workers' compensation regulations. d. If an accident is caused by "serious and willful misconduct" of the employer or the employer's managerial supervisor, the employer may be required to pay the injured worker 50% above the workers' compensation award. Examples of such misconduct could include: 1) knowing violation of a safety order 2) failure to correct a known hazard 3) extreme recklessness e. Workers' compensation insurance premiums are based on the risk of accidents in particular occupations. 1) Feed yards, for example, have higher accident rates than vineyards. Workers' compensation costs in citrus harvesting are $12 per $100 dollars of payroll; it is the highest single cost other than payroll. 2) Premium rates are higher for employers whose accident rate is higher and lower for employers whose accident rate is lower. A spokesperson for the citrus industry observed that improvements in the workplace can bring about a 40-60% reduction in workers' compensation costs in about two years. "That's a pragmatic, straight management, bottom-line, business decision." f. Failure to obtain workers' compensation is a misdemeanor; if the Dept. of Industrial Relations finds that workers are not insured, it may issue a "stop order" directing the employer to stop all work until insurance is obtained. 1) An uninsured employee who is injured on the job may sue the employer for his or her injuries and file a claim with the Workers' Compensation Appeal Board. A claim with this board may result in payment of benefits from the Uninsured Employers' Fund. If the fund pays, the DIR may sue the employer for the amount awarded to the employee plus a 20% penalty and attorney's fees. 4. Special Protection of Minors a. Both federal and state law regulate the employment of minors. b. The law applies to all children under age 18 who have not graduated from a 4-year high school or received a certificate of proficiency. c. Employers Covered 1) Federal standards apply to all employers who use more than 500 man-days of labor per year EXCEPT parents employing their children on a farm that they own or operate. An employer is "any person acting directly or indirectly in the interest of an employer to an employee." A grower who pays a parent for work done by a child may thus be considered the child's employer. d. Prohibited Work for Minors: Hazardous Areas 1) Federal law prohibits employment of children under 16 in the following hazardous jobs: - Operating a tractor with over 20 PTO horsepower, or helping hook up an implement to a tractor over 20 HP. - Operating most equipment (including power post-hole digger, forklift, chainsaw, rice harvester) - Working on a ladder or scaffold at a height of over 20 feet - Handling most agricultural chemicals 2) If a minor under 16 is injured while performing prohibited hazardous work, the minor's workers' compensation award is subject to a 50% increase, payable by the employer. 3) California law prohibits employers from hiring minors under 12, or allowing minors under 12 to accompany their employee parents into the following agricultural zones of danger: - On or about moving equipment - Around unprotected chemicals - Around an unprotected water hazard 4) California law also prohibits the employment of minors under 16 in any "occupation dangerous to the life or limb, or injurious to the health or morals of such minor." This includes: - Work close to machinery, scaffolding, or ladders - In an occupation causing dust in hazardous quantities - Servicing machinery - Any other job that exposes the minor to danger e. Hours and Days Minors are Permitted to Work 1) California law is more strict than federal law regarding worktime for minors in agricultural employment. - Minors are not permitted to work for anyone, INCLUDING their parents, during hours when school is open and in session. Otherwise, hours limitations do not apply to children working on farms owned and operated by their parents. - Exceptions also apply for school-supervised work experience programs and minors who are exempt from compulsory school attendance. 2) The maximum number of hours a minor is permitted to work in agriculture depends on his or her age: - Ages 16-17: On school days, 6 hours per day and 20 hours per school week; on nonschool days, no limitations. - Ages 14-15: On school days, 4 hours per day and 20 hours per school week; on nonschool days, 8 hours per day, 48 hours per week. - Ages 12-13: On school days, no work; on nonschool days, 8 hours per day, 48 hours per week. - Ages under 12: No work is permitted. B. Sources of Safety Information 1. National Safety Council Farm Department 444 North Michigan Ave. Chicago, IL 60611-3991 (312) 527-4800 2. AgSafe (Coalition for Health & Safety in Agriculture) 322 Warren Hall University of California Berkeley, CA 94720 (510) 642-8375 3. California Farm Bureau Federation Rural Health & Safety Program 1601 Exposition Boulevard Sacramento, CA 95815 (916) 924-4051 4. THE SAFE AND EFFECTIVE USE OF PESTICIDES, Patrick J. Marer (1988). University of California, Statewide Integrated Pest Management Project, Div. of Agriculture & Natural Resources, 387 pages. Available from: Publications, Division of Agriculture & Natural Resources, University of California, 6701 San Pablo Ave., Oakland, CA 94608-1239. (510) 642-2431. (Publication #3324.) 5. CHEMTREC Telephone: 800-424-9300 (24-hour telephone number to call regarding pesticide emergencies and information about pesticides than cannot be obtained elsewhere; the number can be called at any time of the day or night from anywhere in the United States; it is NOT a toll-free number.) 6. All references and resources listed at the beginning of each lesson in this unit and also listed in the unit directory. 12/14/91 CH/ch #%&C